Opinion
Motion No: KA 11-02329 Indictment No: 03-242-1
04-14-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARYL GUNN, DEFENDANT-APPELLANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Counsel for appellant having moved to be relieved of her assignment to prosecute the appeal taken from the judgment of Onondaga County Court, rendered October 18, 2011, and for other relief,
Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated February 20, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to relieve Linda Campbell, Esq. of her assignment to prosecute the judgment of Onondaga County Court, rendered October 18, 2011 is denied without prejudice, and
It is further ORDERED that appellant is directed to provide an affidavit to assigned counsel Linda Campbell on or before June 12, 2015, advising counsel how to proceed with said appeal as outlined in the affirmation by Linda Campbell, Esq. dated February 20, 2015, and
It is further ORDERED that any continued unwillingness or refusal to communicate with assigned counsel may be deemed by this Court to constitute a forfeiture of appellant's right to assigned counsel and may result in the vacatur of this Court's prior orders entered January 11, 2012 and May 12, 2014 granting appellant the right to assigned counsel on said appeal (see People v McElveen, 234 AD2d 228, app denied 89 NY2d 1097; People v Sloane, 262 AD2d 431, lv denied 93 NY2d 1027), and
It is further ORDERED that appellant perfect the appeal on or before August 11, 2015, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 14, 2015
Frances E. Cafarell, Clerk